Legality in criminal law is a principle, regime, method of strict, steady observance and fulfillment of legal norms established by the state by all participants in legal relations in society, in the state.
The essence of the principle
The basic principles of law are justice, equality, legality, etc. Legality - the requirement to comply with legal requirements, which is enshrined and proclaimed by law. Along with general requirements, its essence is manifested in the behavior of a person in a specific situation, the behavior of power subjects, as well as control subjects, becoming the method of their work. Based on the actions taken, a social mode of life is formed as a result of compliance with or enforcement of legal requirements.
The principle of legality in criminal law and other industries is a distinctive state of the activity performed. Law enforcement and enforcement activities are carriers of its content.
The content of the principle of legality in criminal law and other areas is the conformity of human activities to the standards established by the state. To implement its content, a special regime is applied, which is the legitimacy of relations in society, the compliance of behavior with the letter of the law.
The essence of the principle of the rule of law in Russian law is the conscientious, responsible observance, use, application, enforcement of the rule of law, expressed in the active participation of citizens in the management of public or state affairs within the legal framework.
Relations with the state
The connection of the principle of legality in criminal law with the state is expressed in the division of people into territories and the existence of public authorities. The division of people into territorial units leads to the regulation of the applicable legal norms in a particular territorial unit by central and local authorities.
Legality as the main principle of the implementation of law forms a hierarchy of norms that is implemented in laws or by-laws, submission, compliance with legal norms that are established by authorities at the highest or central levels.
Also, the connection of legality in criminal law with the state is expressed in the consideration, decision by state bodies, their officials of specific legal issues related to the life of citizens. For their part, citizens are obliged to fulfill the duties that are prescribed for them in the rule of law.
The next criterion for the connection of legality in criminal law with the state is the universal obligation to observe this principle by all state bodies, their officials, organizations, and citizens.
The relationship of the principle with the state itself determines their interaction, mutual influence.
Principles of Legality
The concept of the principle of legality in legal theory includes several elements. These include:
- universality;
- unity;
- law supremacy;
- inevitability of implementation;
- inadmissibility of contrasting the legality of expediency;
- inextricable link with culture.
Generality and unity
These components of the principle of legality in constitutional law and other branches of law are more closely interconnected than others.
Universality is defined as the mandatory observance of the principle of legality by all entities, regardless of rank or position. The equality of all before legal norms implies submission to him.
Unity, in turn, lies in the dissemination of this principle throughout the state, including all its parts (entities, municipalities). Unity also implies a uniform understanding of published laws and other acts of a regulatory and legal nature, as well as the uniformity of their application.
Unity also includes the complementary activities of law-making, law enforcement and law enforcement agencies. The implementation by the bodies of the principle of unity lies in the unity of activity of all these bodies.
The realization of the principle of unity in the field of uniformity of understanding is carried out by the publication by law-enforcement bodies, other (official) lawyers of comments on the legislation, other acts of an explanatory nature (for example, clarifications, Decisions of the Plenums of the Supreme Court of the Russian Federation, etc.).
Law supremacy
Law is the highest form of protection and expression of the freedoms and rights of people. This is due to the following: it is characteristic of a rule of law that law is in the first place, occupying a leading position in all areas of society.
The principle of the rule of law and law is expressly enshrined in the Russian Constitution. The protection of this principle in terms of compliance with the provisions of the Constitution lies with the Russian judicial system.
The principle of supremacy is the leading principle of a legal society and the state. It defines all other principles of legality. Public relations in all areas are governed exclusively by legal documents that have legal supreme force. All other acts only disclose and concretize the principles and rules of conduct set forth in these acts.
Deviation from compliance with constitutional requirements and laws based on it provokes the development of anti-legal and deformation processes. Therefore, the supremacy of norms and law is closely related to the formation of the correct rule of law.
The principle of legality also implies that the rules of conduct set forth in the norms will regulate not only the behavior of all participants in public and state legal relations, but also determine the boundaries of these rules. This is implemented in lawmaking and law enforcement.
The rule of law as a principle of legality represents the hierarchy of regulatory legal acts issued by law-making entities. This principle is enshrined in the Russian Constitution (as a source of law of higher legal force).
The supremacy determines the correct functioning of the state with the subordination to laws and the exercise by subjects of the law of their rights, obligations and responsibility for this.
The supremacy protects the subjects of law from arbitrariness, as well as from the use of legal norms by officials in their interests. In addition, it protects against law enforcement by officials.
Inevitability of implementation
This principle of the rule of law means that any violations are immediately detected and stopped.
Responsibility for offenses inevitably overtakes any entity that violates legal norms.
Any proclaimed norms must be implemented, and responsibility must be established for them.
Inadmissibility of contrasting the legality of expediency
The problem of the principle of legality in criminal law is the violation by some entities of the concept of the inadmissibility of opposing this principle to moral considerations.
The inexpediency of the current law is determined by law-making bodies that create a new norm to replace the old one, which has lost its value and expediency.
Before the new law comes into force, the old one, no matter how impractical it is, is fully operational.
The appropriateness of the rule of law is constantly monitored and analyzed in order to timely make the necessary amendments dictated by time and the changes taking place in society and the state.
The inextricable link between legality and culture
An important principle is the link with culture. An increase in the cultural level of society is followed by an increase in the level of legality. All rules of conduct and levers of regulation of public relations are aimed at building a healthy and healthy state in which crimes are very rare.
In addition, the relationship of these concepts is determined based on the fact that the rule of law is created, first of all, for the state and its citizens. Therefore, the connection of human social culture with legality is obvious and inextricable.
Law and order
The rule of law (as one of the results of the implementation of the principle of legality) is the ordered state of relations in society, which is based on law and law. In addition, this is the result of compliance by subjects of relations of legal norms, the implementation of regulations and the implementation of regulatory requirements.
Violation of the principle of legality and legal norms entails a certain responsibility. Therefore, the rule of law is the practice of enforcing and applying the legal requirements specified in the norms.
Law and order is the goal of legal regulation of public relations. To achieve this goal, lawmaking entities issue normative acts and take measures for their implementation and protection.
Thanks to the rule of law, stable and strong relations are maintained in society that contribute to the embodiment of the interests of all its members. Being the embodiment of a system of stable social relations, order in a legal society is considered a way of life reflecting the idea of social equality and justice for all citizens.
As part of public order, legal order is the basis of the regulatory action of part of social norms related to the field of law. Therefore, as an element of a system of relations of a social nature, the rule of law is a social value.
Legal guarantees
As a result of compliance by all entities with the principle of legality and the creation of law and order, a stable legal society is created in society. Nevertheless, society needs a system of guarantees for the unhindered exercise by each of its members of their rights.
Legal guarantees - a set of methods and conditions that contribute to the implementation of the rule of law and the unhindered use of legal rights by subjects of legal relations, as well as the performance of their legal duties.
Legal guarantees include the following elements:
- Objective conditions for the existence of the whole society and its members.
- Special means developed at the state level that ensure the correct implementation of legal norms by subjects of relations.
Legal guarantees include the following types:
- material (economic);
- social;
- political;
- ideological;
- legal.
Material (economic) guarantees - material living social conditions. The constituent elements of these conditions are the socio-economic level of society, the diversity of existing forms of ownership, the independence of legal entities and individuals in carrying out their business activities.
Social guarantees - a set of measures defined by society to combat offenses and deviations from the implementation of the principle of legality. This complex includes the preventive activities of special bodies and their persons in the prevention of crimes and offenses, monitoring public functions and taking into account the opinions of members of society.
Political guarantees - the implementation in the state of the principles of separation of branches of power and democracy, the presence of political pluralism, compliance with the rules of building a state of legal type, etc.
Ideological guarantees - the education of members of society, taking into account the prevailing ideology in the country, the development of spiritual life, instilling respect for the law and law.
Guarantees of a legal nature - a system of special-purpose means that contribute to strengthening the rule of law and the rule of law, as well as the activities of law enforcement agencies to suppress committed crimes and prevent planned crimes (offenses).
Legal guarantees also include legal guarantees that express the requirements of the principle of legality. This requirement is expressed in the following:
- The punishment for violation or non-compliance with legal norms must be fair.
- The rule of law and ways to protect the law should be consolidated at the legislative level.
- The duty to protect the rule of law, suppress its violations, control and supervision of compliance with the laws should be assigned to specific authorities, and their powers and scope should be clearly defined.
- The ability of citizens to defend their rights and demand protection of violated rights should be fixed at the legislative level.
The implementation of the requirements of legality, which constitutes legal guarantees, takes place on four sides. On the one hand, they are protected directly by law enforcement agencies. They identify and then suppress legal violations, restore violated rights and eliminate the negative consequences of administrative and criminal offenses.
On the other hand, the prosecutor’s office acts as a body that oversees compliance with the principle of legality by all bodies and their officials, including law enforcement, judicial authorities, as well as authorities and others. The prosecutor’s office also has the right to stop detected violations, prosecute, prosecute, consider civil complaints, resolve them, issue warrants, and verify the legitimacy of organizations and bodies.
On the third side, the judicial authorities act as entities that determine, on the basis of the evidence provided, whether there has been a violation of the principle of legality, and what responsibility is liable for them.
On the fourth side, the President stands as the guarantor of the Constitution. He checks and monitors, within the limits of his authority, the activities of all bodies, their officials for violations of law and order and compliance with legal norms.
After considering what the principle of legality means in criminal law, it is clear that this concept is broad and multifaceted, and its implementation depends on the joint activities of all members of society.